METODE ISTINBATH HUKUM MUHAMMAD IBN ISMAIL AL-SHAN’ANI DALAM KITAB SUBUL AL-SALAM

Abstract

The Method of Istinbath of Muhammad bin Ismail as-Shan’ani in the Book ‘Subul al-Salam’ : The book Subul- al-Salam written by Muhammad bin Isma’il as-Shan’ani is one of the references in the area of law in the Muslim community especially in Indonesia. This book is the elaboration (syarah) of a book entitled Bulugh al-Maram written by Ibnu Hajar al-Asqalani that contains hadis about laws. As a book used as a reference by most people, it is therefore necessary to know the legal method of istinbath of its writer for the purpose of theoretical framework. In this respect, it could be defined that the method of istinbath applied by Muhammad bin Isma’il as –Shan’ani is based on al-Qur’an, al-Hadis, al-Ijma’ and al-Qiyas. The logic of its istinbath relies more on the logic used by Imam as-Syafi’i who used al-Qura’n, al-Hadis, al-Ijma’, and  al-Qiayas for the istinbath of the laws, just like Muhammad bin Isma’il as-Shan’ani. As-Shan’ani himself does not apply any other methods because as-Shan’ani in the book Subul al-Salam only elaborates the texts of hadis contained in the book Bulugh al-Maram, the work of Ibnu hajar al-Asqalani. When giving the istinbath, as-Shan was not at all influenced by place and time in that period, in the sense that the istinbath was based on texts available in Bulugh al-Maram